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I’ll Take What’s Behind Door Number Two

The EEOC recently announced that employees alleging discrimination can now access the employer’s written response to the discrimination charge. Before the EEOC’s announcement, the majority of EEOC offices would only provide a verbal summary of the employer’s position statement before asking for the charging party’s response. Now, charging parties and their representatives can request the employer’s position statement during the investigation. This could create a risk for employers who include confidential information in their position statements. Employers should keep this in mind when submitting information to the EEOC.